by P.J. Blount with the blog faculty
A new report addendum has been released by the UN General Assembly titled Transparency and confidence-building measures in outer space activities (U.N. Doc. A/64/138/Add.1). The contents include:
II. Replies received from Governments
Canada . . . 2
China . . . 3
Russian Federation . . . 4
by P.J. Blount with the blog faculty
The 2010 Manfred Lachs Space law Moot Court Competition problem, Case concerning Suborbital Tourism, Definition of Outer Space and Liability (Aspirantia v Republica), has been released. Additionally the schedule for all three participating regions is now available.
Institute for Science and International Security has new commercial satellite imagery of Iranian facilitySeptember 28, 2009 at 4:10 pm | Posted in Remote Sensing Law Current Events | Leave a comment
By Joanne Irene Gabrynowicz with the blog faculty
BSME; Georgia Institute of Technology. Mr. June is an industry blogger with 5 years experience in the aerospace industry, including 2 years as an engineer at NASA Johnson Space Center. He can be contacted at Philip.June@gmail.com.
Virgin Galactic’s Spaceship Two (SS2) is scheduled to rollout of the Scaled Composite facility in Mojave, California this December. Shortly after rollout, SS2 will make Glide flights followed by powered flights to space later in 2010. The company plans to begin providing commercial services in 2011. Virgin Galactic President Will Whitehorn feels that “[The company] has got the basis for a really good business in three areas – payloads, science in space and space tourism” (from Aviation Week – September 4, 2009). In a tough economic climate, Virgin Galactic boasts $60 million in total income from 300 suborbital investors. The company’s capital was recently boosted by a $280 million investment from Aabar, an investment group based in Abu Dhabi. $100 million of the investment will be used to develop a satellite launch solution for NASA’s request for proposals for a suborbital science program.
Even with many promising private space upstarts like Virgin Galactic rapidly developing, NASA appears hesitant to broaden its perspective. Increasing privatization efforts will provide additional resources that may significantly ease NASA’s financial burdens. By sharing costs and operational objectives with private companies – at least in cargo and payload delivery services – NASA could be free to commit more of its limited budget to The Constellation Program and other long-range missions. Private companies have the freedom to develop products quickly, as evidenced by Virgin Galactic’s aggressive SS2 program. Some may say that rapid development of these types of high-cost, high risk technologies is foolish. But with government oversight, private companies can be held to meeting NASA’s core objectives – mitigating risks, assuring operational safety, and insuring mission success. Government action should not be wholly aligned with the private sector but can regulate in a manner that does not preclude investment. A thoughtful course of action could involve strategic capabilities dictated by NASA but with key input from private entities in certain areas.
Privatization is not without its legal obstacles. Increased activity in space will almost certainly lead to further proliferation of space debris, an oft addressed concern of many space law entities. Additionally, how might NASA address new technology agreements with private companies? Recent Space Act Agreements for the new Commercial Crew Development activity may be the template for future agreements. But how would such Acts extend to international entities? What role should international space law play in privatization?
Although NASA and private space companies have difficult legal obstacles ahead, they should push forward towards privatization. NASA has laid a strong foundation for U.S. leadership in space. But constant budget reductions and difficult mission objectives clearly demonstrates NASA’s need for the services of private companies like Virgin Galactic. Space is legally defined as part of the “common heritage of man”. With that idea in mind, the future of human presence in space may depend on cooperation between government and private entities.
by Nicholas Welly, J.D. Candidate, University of Mississippi School of Law & ABA Forum on Air & Space Law Student Liaison
The American Bar Association Forum on Air and Space Law convened its 2009 Annual Meeting in Chicago last week. The event, titled “Course Correction: Strategies for Changing Times” is was held at the InterContinental Hotel in the heart of Chicago’s Magnificent Mile. The agenda included several thought provoking panels addressing the challenges facing the aviation and space industries during these trying economic times.
The two-and-a-half day agenda officially kicked off Wednesday evening, following several administrative meetings of the Forum’s Governing Committee, with the Speakers Dinner, hosted by The Nolan group and held at Gibson’s Steakhouse. The event provided an outstanding networking opportunity for new and veteran Forum members.
The event included keynote addresses from several captains of industry. On Thursday morning, Chicago First Deputy Commissioner of Aviation Michael Boland welcomed the attendees with a preview of the Windy City’s 2016 Olympic Bid, then provided an overview of the city’s two major airports – Midway and O’Hare – highlighted their complimentary nature. Deputy Commissioner Boland then described the city’s efforts in the O’Hare Modernization Program (OMP). In addition to increasing capacity and decreasing delays, the OMP is setting the standard for sustainability in the arenas of airport design and management. Information about the project is available at www.OhareModernization.org.
Thursday’s lunch hour included a keynote address by John Luth, President and CEO of Seabury Aviation & Aerospace LLC. Mr. Luth provided a compelling review of recent economic trends in the aviation and aerospace industries, and described the type of industry forecasting and strategies he and his company provide their aerospace clients.
Friday’s lunch hour included the final keynote address by Glenn Tilton, President and CEO of UAL Corporation. Mr. Tilton discussed the challenges faced by the airline industry as a whole, and discussed the role of strategic partnerships, airport modernization, and domestic and international regulation on the global airline industry.
Thursday and Friday also delivered informative discussions by panel members and moderators from across the aerospace industry. Below is a overview of the Forum Panels:
Thursday, September 24th:
“Open Skies: Alliances and Competition.”
Moderator: Kenneth Quinn, Pilsbury Winthrop Shaw Pittman LLP
Panelists: The Honorable Robert Rivkin, General Counsel, U.S. Department of Transportation; John Byerly, Deputy Assistant Secretary of State for Transportation Affairs; Shawn Christensen, General Counsel, WestJet; Julie Ottinger, Managing Director, International & Regulatory Affairs, United Airlines; and Jeffrey Shane, Hogan & Hartson
“Global Regulation of Aviation”
Moderator: Glenn P. Wicks, The Wicks Group PLLC
Panelists: Margaret Gilligan, Associate Administrator for Aviation Safety, Federal Aviation Administration; Leslie MacIntosh, Chief Legal Counsel, Civil Aviation Authority of New Zeland; Frank Manuhutu, Chief Legal Advisor , EASA Rulemaking Directorate; E. Tazwell Ellett, Hogan & Hartson; Conor McAuliffe, Managing Director, European Affairs, United Airlines; Marshall S. Sinick, Squire Sanders & Dempsey LLP
“The Power of Persuasion”
Moderator: Robert S. Span, Steinbrecher & Span LLP
Panelists: The Honorable Joel M. Flaum, U.S. Court of Appeals for the Seventh Circuit; Carter S. Phillips, Sidley Austin LLP; Beth S. Brinkmann, Deputy Attorney General, U.S. Department of Justice
Breakout Session 1 – “U.S. Export Controls, Trade Embargoes and Economic Programs: Compliance and Ethics Challenges for the Aerospace Industry”
Moderator: Franceska Schroeder, Fish & Richardson
Panelists: Dennis Burnett, Vice President, Trade Policy & Export Controls, EADS North American Defense Company; Dr. Henry Hertzfeld, Center for International Science & Technology/Space Policy Institute, The George Washington University; Kenneth Mead, Baker Botts LLP
Breakout Session 2 – “The Cape Town Convention in Practice”
Moderator: Donal P Hanley, Vice President, Legal, Aviation Capital Group
Panelists: Lynne Gochanour, Chapman & Cutler LLP; Susan H. Haught, Daugherty Fowler Peregrin Haught & Jenson; Marie O’Brien, Matheson Ormsby Prentice
“The General Counsel Forum”
Moderator: David Berg, Vice President & General Counsel, Air Transport Association of America
Panelists: Richard B. Hirst, Senior Vice President, Corporate Affairs and General Counsel, Delta Air Lines; Madeline Johnson, Vice President and General Counsel, Southwest Airlines; Maria da Cunha, General Counsel, British Airways; Oliver Furtak, General Counsel, Airbus S.A.S., David Schwarte, Executive Vice President and General Counsel, Sabre, Inc.; John Rakow, Senior Vice President, Business & Legal Affairs, Space Systems/Loral
Friday, September 25th:
“Challenges and Opportunities in Aircraft Finance”
Moderator: Andrea Gerber, Vedder Price PC
Panelists: Andrea Brantner, Senior Vice President & Counsel, GE Capital Aviation Services; Loren Dollett, Executive Vice President, Aviation Capital Group; Robert A. Morin, Vice President, Transportation Division, Export-Import Bank of the U.S.
“Labor Relations in a Mature Industry”
Moderator: Steven Taylor, Vice President Legal, FedEx Express
Panelists: Robert DeLucia, Vice President and General Counsel, AIR Conference; Russell Bailey, Air Line Pilots Association; Jerrold Glass, President, F&H Soluntions Group
“Legal and Policy Issues Surrounding Orbital Debris, Space Situational Awareness and Space Traffic Management”
Moderator: Joanne Gabrynowicz, Director, National Center for Remote Sensing, Air and Space Law, The University of Mississippi School of law
Panelists: Sam McDonald, Office of Space and Advanced Technology, U.S. Department of State; Karl Kensinger, Satellite Division, International Bureau, Federal Communications Commission; Chris Kunstadter, Vice President Space, XL Insurance
“Litigation: 3-D Legal Review of an Air Disaster”
Moderator: Don Nolan, Nolan Law Group
Panelists: Mark Dombroff, Dombroff Gilmore Jacques & French PC; David Grizzle, Chief Counsel, Federal Aviation Administration; James Hall, Hall & Associates; Tom McLaughliin, Perkins Coie
“Airport Challenges: Young Lawyers Take a Strategic View”
Moderator: Brian Havel, Director, International Aviation law Institute, DePaul University College of Law
Panelists: Sara Hall, General Counsel, Memphis International Airport; Jennifer Andrews, Eckert Seamans; Andrew Eastmond, Ricondo and Associates; Beth Weir, Office of the Chief Counsel, Federal Aviation Administration; Gabriel Sanchez, FedEx/United Research Fellow, International Aviation Law Institute, DePaul University College of Law; India Pinkney, Office of the Chief Counsel, Federal Aviation Administration
by Joanne Irene Gabrynowicz with the blog faculty
See, Journal of Space Law
Joanne Irene Gabrynowicz – Foreword
Michael S. Dodge – Sovereignty and the Delimitation of Airspace: A Philosophical and Historical Survey Supported by the Resource of the Andrew G. Haley Archive
- 1944 – Convention on International Civil Aviation (Chicago Convention)
- 1929 – Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention)
- 1919 – Convention Relating to the Regulation of Aerial Navigation (Paris Convention)
- Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface (Rome Convention)
- A/AC.105/889/Add.1 – Questions on the definition and delimitation of outer space: replies from Member States (Jan. 21, 2008)
- P.L. 85-726 – Federal Aviation Act of 1958
- 1976 – Declaration of the First Meeting of Equatorial Countries (Bogotá Declaration)
- Constitution of Colombia (1991) (English translation)
Matthew Jude Egan & James Hurtak – The Openness Principle in Multilateral Agreements for Space Exploration
- 2007 – The Global Exploration Strategy: The Framework for Coordination
- A/AC.105/720 – Technical Report on Space Debris
- 1998 – Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station (ISS IGA)
René Joseph Rey – Regulatory Challenges, Antitrust Hurdles, Intellectual Property Incentives, and the Collective Development of Aerospace Vehicle-enabling Technologies and Standards: Creating and Industry Foundation
- Patent No. 3,576,298 – Aerospace Vehicle
- P.L. 108-492: Commercial Space Launch Amendments Act of 2004
- NSIAD-99-176 – SPACE TRANSPORTATION: Status of the X-33 Reusable Launch Vehicle Program
- GAO-02-1020 – SPACE TRANSPORTATION: Challenges Facing NASA’s Space Launch Initiative
- NASA Fact Sheet – Summary of FY 2004 Budget Request
- NASA Fact Sheet – Summary of FY 2005 Budget Request
- P.L. 96-517 – Government Patent Policy Act of 1980
- Space Exploration Technologies Corporation v. The Boeing Company and Lockheed Martin Corporation, Case no. CV05-7533 FMC (MANx) (C.D. Cal. 2005)
- 68 Feb. Cl. 1 – Space Exploration Technologies v. United States (2005)
- 051-0165 – In the Matter of Lockheed Martin Corporation, The Boeing Company, and United Launch Alliance, L.L.C.
Mark J. Sundahl – The Duty to Rescue Space Tourists and Return Private Spacecraft
- 1968 – Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space
- Res. 1962 (XVII) Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (1963)
- ST/SPACE/11/Rev.2/Add.2 – Status of international agreements relating to activities in outer space as at 1 January 2009
- 1969 – Vienna Convention on the Law of Treaties
- A/AC.105/740 – Note verbale dated 3 July 2000 from the Permanent Mission of South Africa to the United Nations (Vienna) addressed to the Secretary-General
- A/AC.105/825 – Note verbale dated 23 March 2004 from the Permanent Mission of Argentina to the United Nations (Vienna) addressed to the Director-General of the United Nations Office at Vienna
- A/AC.105/C.2/L.250/Add.1 – Practice of States and international organizations in registering space objects: replies from Member States
- 1945 – Statute of the International Court of Justice
- Human Space Flight Requirements (71 Fed. Reg. 75616)
- A/AC.105/814 – Report on the United Nations/Republic of Korea Workshop on Space Law on the theme “United Nations treaties on outer space: actions at the national level”
Paul F. Uhlir, Robert Chen, Joanne Irene Gabrynowicz, & Katleen Janssen – Toward Implementation of the Global Earth Observation System of Systems Data Sharing Principles (Distributed under theCreative Commons Attribution 3.0 License)
- NCRSASL – The Land Remote Sensing Laws and Policies of National Governments: A Global Survey
- CEOS data principles for operational environmental data (1995)
- CEOS satellite data exchange principles for global change data (1995)
- 2000 – Charter On Cooperation To Achieve The Coordinated Use Of Space Facilities In The Event Of Natural Or Technological Disasters
- A/RES/41/65 Principles relating to Remote Sensing of the Earth from Outer Space
Saligram Bhatt – Inspirations to Humankind from Space Law and Science and Experience in India
- A/CONF.184/3 – Draft Report on the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space
Lucien Rapp – When France Puts Its Own Stamp on the Space Law Lanscape: Comments on Law No. 2008-518 of 3 June 2008 Relative to Space Operations
- LOI no 2008-518 du 3 juin 2008 relative aux opérations spatiales ( French)
- LOI no 2008-518 du 3 juin 2008 relative aux opérations spatiales (unofficial English translation)
P.J. Blount – Aviation and Space Law: Relevant Publications
Type of Event Tropical Storm
Location of Event Philippines
Date of Charter Activation 27/09/2009
Charter Requestor UNITAR/UNOSAT on behalf of UN OCHA
Project Management – Description of the Event
At least 54 people were killed and thousands more evacuated as floods – caused by the tropical storm Ketsana – battered a wide area in the Philippines. At least one town is completely under water and power has been cut off to parts of the capital, Manila. The government has declared a calamity, allowing access to emergency funds.
Brian Weeden, The space security implications of missile defense, The Space Review
Johannes Weppler, Vincent Sabathier, and Ashley Bander, Costs of an International Lunar Base, CSIS
NASA: Constellation Program Cost and Schedule Will Remain Uncertain Until a Sound Business Case Is Established. GAO-09-844, August 26
CRS – F-35 Joint Strike Fighter (JSF) Program: Background and Issues for Congress
4 Score and 7 Interceptors – Arms Control Wonk
A different kind of debate about NASA – Space Politics
Crandall Supports Passenger Rights Legislation – Aviation Law Prof Blog
Refueling Sr. Strangelove – Leeham News and Comment
Appropriations Update: September 23 – Space Policy Online
National Sovereignty Over the Geostationary Orbit – Out of the Blue, Into the Black
Airlines Outpace Regulators on the Environment – Aviation Law Prof Blog
Appropriations Update: September 24 – Space Policy Online
Lunar water and space policy – Space Politics
The Difference Between Butter Knives and Bayonets – Commercial Space
Differing takes on a GAO report – Space Politics
Extraterritoriality in Export Controls – Prawfs Blawg
Another year, another hurricane satellite bill – Space Politics
Canada-U.S.export control law impact assessment needed – U.S. Satellite and Space Technology Export Control Law and Policy Reform Blog
U.S./Japan Open Skies? – Aviation Law Prof
by P.J. Blount with the blog faculty
From Italian Space Agency:
ASI and JAXA strengthen cooperation
Agreement signed in Tokyo for exchanging COSMO-SkyMed and ALOS satellite data
18 Sep 2009
The Italian Space Agency delegation, led by its president, Enrico Saggese, was in Tokyo for the opening of the “Italy in Japan 2009” event inaugurated by the President of the Italian Republic, Giorgio Napolitano. While in Japan, ASI signed a Memorandum of Understanding (MOU) with the Japanese space agency, JAXA. The MOU regulates the exchange of data between the Italian COSMO-SkyMed satellites and the Japanese ALOS (Advanced Land Observing Satellite, equipped with L-band SAR radar). The data will be used for managing emergencies, territorial security, disaster prevention and environmental monitoring.
While in Japan, ASI’s president also had a series of meetings of a more institutional nature with the secretary-general for space policy, Masakazu Toyoda, and with the vice-minister of the Ministry of Education, Culture, Sports, Science and Technology (MEXT), Toichi Sakata. Additionally, there was a series of technical meetings with JAXA, including a workshop dedicated to telesurveying applications and monitoring environmental emergencies (remote sensing and disaster monitoring).
Japan is intensely involved in environmental issues and in studying natural disasters, and Italy is a globally recognised leader in the use of space applications for the prevention and management of emergencies. This space cooperation therefore offers a further development opportunity for the two countries which already operate internationally as part of the GEO (Group of Earth Observation) and CEOS (Committee on Earth Observation Satellites).
The visit came to a close with a meeting at the Italian Embassy where the President of the Italian Republic, Giorgio Napolitano, encouraged the Italian Space Agency to continue its research and to establish further international collaborations.
by P.J. Blount with the blog faculty
From Aero-News Network:
TSA And Georgia’s UTA Partner To Enhance Aviation Security
Sun, 27 Sep ’09
Nations Will Cooperate To Build Security Institutions And Practices
TSA and the Georgian United Transport Administration (UTA) announced a cooperative effort in Tblisi, Georgia Tuesday to enhance aviation security.
With the signing of a Joint Statement of Intent between the TSA and the UTA, both agencies pledged to partner in a comprehensive program of aviation security enhancements, including plans for comprehensive assessments, developing targeted aviation security programs and sharing best practices. . . . [Full Story]